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PCRES 2008-031PLANNING COMMISSION RESOLUTION 2008-031 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 2008-903, THE SHOPPES AT LA QUINTA, A 50,000± SQUARE FOOT RETAIL COMMERCIAL CENTER CASE NO.: SITE DEVELOPMENT PERMIT 2008-903 APPLICANT: TALBERT DEVELOPMENT, INC. WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 281" day of October, 2008, hold a duly noticed Public Hearing to consider the request of Talbert Development LLC., for a Site Development Permit to allow the construction of landscaping and architecture for four retail commercial buildings totaling 50,000± square feet, located between Washington Street and Caleo Bay Road, approximately 500 feet north of Avenue 58, more particularly described as: PARCEL 2 AND A PORTION OF PARCEL 3 OF PARCEL MAP 27892 WHEREAS, said Site Development Permit has complied with the requirements of the "Rules to Implement the California Environmental Quality Act of 1970 as amended (Resolution 83-63), in that the Planning Department has determined that the proposed Site Development Permit is exempt from CEQA review under Guidelines Section 15332 (Infill Development); and, WHEREAS, the Planning Department published the public hearing notice in the Desert Sun newspaper on the 17" day of October, 2008, as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify approval of said Site Development Permit: Finding A - The project' is consistent with the General Plan. The proposed Site Development Permit is consistent with the General Plan, in that the proposed retail commercial uses are identified as a permitted use in the General Plan within the Community Commercial land use designation. The property is designated Community Commercial which allows a variety of uses including office and retail commercial uses. This project is consistent with the goals, policies and intent of the La Planning Commission Resolution 2008-031 Site Development Permit 2008-903 Shoppes at La Quinta Adopted: October 28, 2008 Quinta General Plan. Finding B - The project is consistent with the Zoning Code. The proposed Site Development Permit is consistent with the requirements of the Zoning Code, in that the project has been designed in accord with the development standards of the Zoning Code and will contain uses consistent with those permitted in the Community Commercial zoning district. Finding C - The project is in conformance with the California Environmental Quality Act. The project is located within an existing urban in -fill parcel of less than five acres that has been previously graded and partially developed with landscaping and street improvements along the Washington Street perimeter. The project will not result in the loss of existing wildlife habitat, nor will it have an effect on the conditions of the existing surrounding neighborhood. Therefore, the proposed Site Development Permit complies with the requirements of the "Rules to Implement the California Environmental Quality Act of 1970," as amended (City Council Resolution 83-63), insofar as it has been determined that the project is exempt from CEQA review under Section 15332, Inf ill Development, and a Notice of Exemption will be filed. Finding D - Approval of the amendment will not create conditions materially detrimental to the public health, safety and general welfare. Approval of the proposed Site Development Permit will not create conditions materially neither detrimental to the public health, safety and general welfare, nor injurious to or incompatible with other properties or land uses in the vicinity. The project will not contribute to a decline of the existing health and safety conditions and has been designed and conditioned to provide safe and adequate paths of travel, appropriate safety and security lighting, and appropriate provisions for safe and suitable stormwater and nuisance water retention. The project has been reviewed by the appropriate responsible agencies for health, welfare, and safety issues, including the Police and Fire Departments, with none identified. Finding E - The architectural design of the project is compatible with surrounding development and with the quality of design prevalent in the city. The architectural design aspects of the proposed Site Development Permit are compatible because the project incorporates a level of quality and style of design that Planning Commission Resolution 2008-031 Site Development Permit 2008-903 Shoppes at La Quinta Adopted: October 28, 2008 is compatible with the type of existing architecture found within the community. The project incorporates a contemporary theme with architectural features such as clay tile, decorative pavers, brick facades, and stucco painted with a desert compatible palate. The facade of the buildings have been designed with a variation in colors, materials, and textures which provide a greater impression of depth, reduce monotonous attributes, and eliminate uninterrupted linear features. The project as designed will obstruct or screen potential undesirable views and other nuisances including mechanical equipment and refuse containers. Finding F - The site design of the project is compatible with surrounding development and with the quality of design prevalent in the city. The site design aspects of the proposed Site Development Permit, including, but not limited to project entries, parking provisions, interior circulation, building orientation, vehicular access, pedestrian and bicycle access, pedestrian amenities, screening, outdoor lighting, and other elements, are compatible with surrounding residential and commercial developments and with the overall quality of design found in the City. The project site design incorporates neighborhood -compatible and community -desirable elements that include pedestrian connectivity, outdoor amenities, screening of undesirable views, and sufficient vehicular circulation to access and accommodate the intended uses from surrounding public streets and adjacent properties. Finding G - The landscaping of the project is compatible with surrounding development and with the quality of design prevalent in the city. The landscaping for the proposed Site Development Permit will consist of a water - efficient plant palate and irrigation design, will provide visual relief, will enhance the visual continuity of the site with the surrounding developments, provide shade and cooling to outdoor areas, and will compliment the project architecture. The Site Development Permit identifies appropriate water -efficient landscaping with significant foliage for screening undesirable views and includes tree canopies which provide shading within the parking lot and pedestrian areas. Finding H — The project has adequate parking, circulation, and access, and will not result in a significant traffic impact on surrounding streets and intersections. The applicant has prepared a traffic impact study, dated October 14, 2008 and incorporated herein by reference and included as a part of the record, which identifies that the project will not create a significant increase in traffic volume or impacts on the surrounding streets and intersections. The project will provide adequate parking to Planning Commission Resolution 2008-031 Site Development Permit 2008-903 Shoppes at La Quinta Adopted: October 28, 2008 serve the proposed land uses and is in conformance with the Parking Ordinance. The project has been designed to provide adequate access and circulation, identifying four driveway entry locations with reciprocal access, accessible paths of travel, and accommodates pedestrian and bicycle access. Based upon these findings, the Planning Commission finds that the project complies with all City requirements and will not result in any significant impacts on the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the findings of the Planning Commission in this case. 2. That it does hereby approve Site Development Permit 2008-903 for the reasons set forth in this Resolution and subject to the attached conditions of approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this the 28`h day of October, 2008 by the following vote, to wit: AYES: ALDERSON, BARROWS, QUILL, WEBER, WILKENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ED ALDERSON, Chairman City of La Quinta California Planning Commission Resolution 2008-031 Site Development Permit 2008-903 Shoppes at La Quinta Adopted: October 28, 2008 ATTEST: Planning Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2008-031 CONDITIONS OF APPROVAL - ADOPTED SITE DEVELOPMENT PERMIT 2008-903 SHOPPES AT LA QUINTA OCTOBER 28, 2008 r,FNFRAI 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Site Development Permit shall comply with the requirements and standards of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. This Site Development Permit shall expire on October 28, 2010, two years after Planning Commission approval, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 4. Site Development Permit 2008-903 shall comply with all applicable conditions of approval for Tentative Parcel Map 35559. 5. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Fire Marshal • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Planning Department • Riverside Co. Environmental Health Department 0 Desert Sands Unified School District Planning Commission Resolution 2008031 Conditions of Approval - Adopted Site Development Permit 200&903 Shoppes at La Ouinta October 28, 2008 • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. A project -specific NPDES construction permit must be obtained by the applicant; who then shall submit a copy of the Regional Water Quality Control Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI" ), prior to the issuance of a grading or site construction permit by the City. 6. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board — Colorado River Basin Region Board Order No. 137-2008-0001 and the State Water Resources Control Board's Order No. 99-08-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan ("SWPPP"). The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant's SWPPP shall be approved by the City Engineer prior to any on or off -site grading being done in relation to this project. Pg. 2 of 24 Planning Commission Resolution 2008031 Conditions of Approval - Adopted Site Development Permit 2008-903 Shoppes at La Quints October 28, 2008 C. The applicant shall ensure that the required SWPPP is available for inspection .at the project site at all times through and including acceptance of all improvements by the City. D. The applicant's SWPPP shall include provisions for all of the following Best Management Practices ("BMPs") (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non -Storm Water Management. 6) Waste Management and Materials Pollution Control. E. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. F. The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City. Additionally, the applicant shall comply with applicable provisions for post construction runoff per the City's NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001 . G. For post -construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Pg. 3 of 24 Planning Commission Resolution 2009031 Conditions of Approval - Adopted Site Development Permit 2008.903 Shoppes at La Ouinta October 28, 2008 Quality Control Board — Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2008-001. H. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. 137-2008-001 utilizing BMPs approved by the City Engineer. 7. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 8. Approval of this Site Development Permit shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. PROPERTY RIGHTS 9. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to the aforementioned, the applicant shall submit an "AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form located at the Public Works Department Counter prior to Certificate of Occupancy. 10. The applicant shall offer for dedication on the Final Map all public street rights - of -way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 11. The public street right-of-way offers for dedication required for this development include: A. PUBLIC STREETS Pg. 4 of 24 Planning Commission Resolution 2008031 Conditions of Approval - Adopted Site Development Permit 2008-903 Shoppes at La Ouinta October 28, 2008 1) Washington Street (Augmented Major Arterial, 132' ROW) — The standard 66 feet from the centerline of Washington for a total 132-foot ultimate developed right of way except an additional variable right of way dedication on Washington at the project entrance measured 78 feet east of the centerline of Washington Street and length to be determined by current approved or preliminary traffic study prepared for the applicant by a licensed traffic engineer per Engineering Bulletin # 06-13. At a minimum, the required right of way shall be for a length of 200 feet plus a variable dedication of an additional 100 feet to accommodate improvements conditioned under STREET AND TRAFFIC IMPROVEMENTS. Additional right of way is also required at the existing bus turnout on Washington to extend the bus lane north of it. 2) Caleo Bay — (Local Street, 60' ROW) — No additional right of way is required. 12. Dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features contained in the approved construction plans. Pursuant to this requirement, the Applicant shall include in the submittal packet containing the draft final map submitted for map checking, an offsite street geometric layout, drawn at 1 " equals 40 feet, detailing the following design aspects: median curb line, outside curb line, lane line alignment including lane widths, left turn lanes, deceleration lane(s) and bus stop turnout(s). The geometric layout shall be accompanied with sufficient professional engineering studies to confirm the appropriate length of all proposed turn pockets and auxiliary lanes that may impact the right of way dedication required of the project and the associated landscape setback requirement 13. The applicant shall create perimeter landscaping setbacks along all public rights - of -way as follows: A. Washington Street (Major Arterial) - 20-foot from the R/W-P/L B. Caleo Bay Drive (Local Street) — 10-foot from the R/W . Pg. 5 of 24 Planning Commission Resolution 200GO31 Conditions of Approval - Adopted Site Development Permit 2008-903 Shoppes at La Quinta October 28, 2008 The listed setback depth shall be the average depth where a meandering wall design is approved. The setback requirements shall apply to all frontages including, but not limited to, remainder parcels and sites dedicated for utility purposes. Where public facilities (e.g., sidewalks) are placed on privately -owned setbacks, the applicant shall offer for dedication blanket easements for those purposes on the Final Map. 14. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 15. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 16. The applicant shall provide for reciprocal access across all access drives, parking aisles, and stalls. 17. The applicant shall offer reciprocal access agreements for the developments located north and south of this project. STREET AND TRAFFIC IMPROVEMENTS 18. The applicant shall.comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For Individual Properties And Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 19. The applicant shall construct the following street improvements to conform with the General Plan (street type noted in parentheses.) A. OFF -SITE STREETS 1) Washington Street (Major Arterial; 132' R/W option): Pg. 6 of 24 Planning Commission Resolution 2008031 Conditions of Approval - Adopted Site Development Permit 2008.903 Shoppes at La Ouinta October 28, 2008 Widen the east side of the street as required adjacent to the Tentative Map boundary to its ultimate width on the east side as specified in the requirements of these conditions. The east curb face shall be located 48 feet (48') east of the centerline to accommodate ultimate width and located 60 feet (60') east of the centerline to accommodate a deceleration/right turn only lane on Washington Street. Specific improvements shall include: a) Bus turnout — Extend the north side of the bus turnout to accommodate a deceleration lane to the entrance on Washington. The pavement extension shall consist of a concrete structural section. b) Modify a section of the existing median (both sides of centerline) on Washington to provide a Left Turn Restrictor per current city guidelines. c) Class III Bike Lane (Maximize the width of outside lane). Other required improvements in the Washington Street right-of-way and/or adjacent landscape setback area include: d) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. e) 8-foot wide Meandering Sidewalk. f) Reconstruct the landscaped median and parkway for required improvements as approved by the City Engineer and Planning Director. Reconstruction may require the relocation and/or removal of existing plants or trees that are located in the median or parkway as required for sight distance concerns and retention basin revisions. Applicant shall collaborate with the existing Maintenance Association to obtain the necessary approvals for parkway access and reconstruction as required. 2) Caleo Bay Drive (Collector; 60' R/W): a) All appurtenant components such as, but not limited to: curb, gutter, traffic control striping, legends, and signs. Pg. 7 of 24 Planning Commission Resolution 2008031 Conditions of Approval - Adopted Site Development Permit 2008-903 Shoppes at La Quinta October 28, 2008 b) Six foot (6') wide sidewalk per La Quinta Standard 240. 20. The applicant shall design street pavement sections using the CalTrans design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Major Arterial 5.5" a.c./6.5" c.a.b. or the approved equivalents of alternate materials. 21. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 22. General access points and turning movements of traffic are limited to the following: A. Primary Entry (Washington Street): Right and Left turn in, Right turn out only. B. Secondary Entry (Caleo Bay): Full turn movements are permitted. 23. Improvements shall include appurtenances such as traffic control signs, markings and other devices,.raised medians if required, street name signs and sidewalks. Mid -block street lighting is not required. 24. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. PARKING LOTS and ACCESS POINTS 25. The design of parking facilities shall conform to LQMC Chapter 9.150 and in Pg. 8 of 24 Planning Commission Resolution 2008031 Conditions of Approval - Adopted Site Development Permit 2008-903 Shoppes at La OLinta October 28, 2008 particular the following: A. The parking stall and aisle widths and the double hairpin stripe parking stall design. B. Cross slopes should be a maximum of 2% where ADA accessibility is required including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Accessibility routes to public streets and adjacent development shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. One van accessible handicapped parking stall is required per 8 handicapped parking stalls. F. Drive aisles between parking stalls shall be a minimum of 26 feet with access drive aisles to Public Streets a minimum of 30 feet as shown on the Site Development Plan site plan or as approved by the City Engineer. Entry drives, main interior circulation routes, corner cutbacks, bus turnouts, dedicated turn lanes, ADA accessibility route to public streets and other features shown on the approved construction plans, may require additional street widths and other improvements as may be determined by the City Engineer. 26. The applicant shall design street pavement sections using the CalTrans design procedure for 20-year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Parking Lot & Aisles (Low Traffic) 3.0" a.c./4.5" c.a.b. Parking Lot & Aisles (High Traffic) 4.5" a.c./5.5" c.a.b. Loading Areas 6" P.C.C./4" c.a.b. Pg. 9 of 24 Planning Commission Resolution 2009031 Conditions of Approval - Adopted Site Development Permit 2008-903 Shoppes at La Ouinta October 28, 2008 or the approved equivalents of alternate materials. 27. The applicant shall provide permeable paver section with the required gravel with a void ratio at or exceeding that specified in the approved drainage report. 28. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 29. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by qualified engineers. 30. All parking areas shall be screened from view through the means of a landscaped berm, a three foot high decorative masonry wall, landscaped hedges or bushes with significant foliage, or a combination of all three methods. All screening shall be reviewed and approved by the Planning Director. 31. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. It should be 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 32. . Plans shall identify a minimum of five securable bicycle parking spaces. FINAL MAPS 33. Prior to the City's approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map that were approved by the City's map checker on a storage media acceptable to the City Engineer. The Final Map shall be 1 " = 40' scale. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer, "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 34. Improvement plans shall be prepared by or under the direct supervision of Pg. 10 of 24 Planning Commission Resolution 2008031 Conditions of Approval - Adopted Site Development Permit 2008-903 Shoppes at La Quinta October 28, 2008 qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 35. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. Commercial Precise Grading Plan/Drainage/Signing Striping 1 " = 20' Horizontal B. PM10 Plan 1" = 40' Horizontal C. SWPPP 1" = 40' Horizontal D. Washington Street Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical E. Caleo Bay Off -Site Street Improvement/Storm Drain Plan 1 " = 40' Horizontal, 1 " = 4' Vertical F. Washington Street Off -Site Signing & Striping Plan 1 " = 40' Horizontal G. Caleo_ Bay Off -Site Signing & Striping Plan 1 " = 40' Horizontal NOTE: A through G to be submitted concurrently. Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All Off -Site Plan & Profile Street Plans and Signing & Striping Plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions. Pg. 11 of 24 Planning Commission Resolution 200&031 Conditions of Approval- Adopted Site Development Permit 2008.903 Shoppes at La Ouinta October 28, 2008 All On -Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Public Works Department. "Precise Grading" plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1- foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and noting the 2007 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to Public Works in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "Site Development" plan is required to be submitted for approval by the Building Official, Planning Director and the City Engineer. "Site Development" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. "Street Parking" plan shall include appropriate signage to implement the "No Parking" concept, or alternatively an on -street parking policy shall be included in the CC & R's subject to City Engineer's Approval. The parking plan or CC & R's _shall_be.submitted concurrently with the_Street_Improvement Plans.__ ___ 36. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the "Plans, Notes and Design Guidance" section of the Public Works Department at the City website (www.la-guinta.orq). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 37. The applicant shall furnish a complete set of the mylars of all approved improvement plans on a storage media acceptable to the City Engineer. Pg. 12 of 24 Planning Commission Resolution 200SO31 Conditions of Approval - Adopted Site Development Permit 2008-903 Shoppes at La Ouinta October 28, 2008 38. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing," "As -Built" or "As - Constructed" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR can make site visits in support of preparing As Built drawings. However, if subsequent approved revisions have been approved by the City Engineer and reflect said "As -Built' conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. GRADING 39. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 40. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 41. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), and E. An approved contract for archaeological monitoring services to be conducted by a qualified professional. Pg. 13 of 24 Planning Commission Resolution 2009031 Conditions of Approval - Adopted Site Development Permit 2008.903 Shoppes at La Ouinta October 28, 2008 All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 42. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 43. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1 .5") in the first eighteen inches (18") behind the curb. _ _44. Building pad elevations on the precise grading plan submitted for City_ Engineer's. approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 45. The applicant shall minimize the differences in elevation between the adjoining properties and the lots within this development. Where compliance within the above stated limits is impractical, the City may consider alternatives that are shown to minimize safety concerns, maintenance difficulties and neighboring -owner dissatisfaction with the grade differential. Pg. 14 of 24 Planning Commission Resolution 2008031 Conditions of Approval - Adopted Site Development Permit 2008.903 Shoppes at La Quinta October 28, 2008 46. Prior to any site grading or regrading that will raise or lower any portion of the site by more than plus or minus five tenths of a foot (0.5') from the elevations shown on the Conceptual Grading Plan dated 9/14/2008, the applicant shall submit the proposed grading changes to the City Staff for a substantial conformance finding review. 47. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. 48. This development shall comply with LQMC Chapter 8.11 (Flood Hazard Regulations). If any portion of any proposed building lot in the development is or may be located within a flood hazard area as identified on the City's Flood Insurance Rate Maps, the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 65.5(a) (6). Prior to issuance of building permits for lots which are so located, the applicant shall furnish elevation certifications, as required by FEMA, that the above conditions have been met. DRAINAGF 49. Stormwater handling shall conform to the preliminary hydrology and drainage report for "The Shoppes of La Quinta" (Public Work Plan Check No. 08141). Nuisance water shall be disposed of in an approved manner. Applicant shall modify the adjacent Lake La Quinta stormwater system by the addition of new storm drain inlets and reconstruction of the storm drain pipe entering the Lake La Quinta project. Applicant shall modify the Washington Street inlet system, parkway retention basin and provide supplemental underground retention facilities for Washington Street tributary water. Applicant shall install a permeable paver system with a deep gravel storage bed to maintain the HGL of the Lake La Quinta stormwater system. Pg. 15 of 24 Planning Commission Resolution 200SO31 Conditions of Approval - Adopted Site Development Permit 2008-903 Shoppes at La Ouinta October 28, 2008 50. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 51. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 52. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on -site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 53. No fence or wall shall be constructed around any retention basin unless approved by the Planning Director and the City Engineer. 54. For on -site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. 55. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 56. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 57. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. Pg. 16 of 24 Planning Commission Resolution 2009031 Conditions of Approval - Adopted Site Development Permit 2008-903 Shoppes at La Ouinta October 28, 2008 UTILITIES 58. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 59. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 60. Utility transformer boxes unable to be fully screened from view shall be painted a color consistent with the approved color palate and/or adjacent landscaping. 61. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located as to not conflict with access aisles/entrances. SITE DEVELOPMENT 62. Prior to issuance of building permits, the developer shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Planning Director for a conformance review with the Municipal Code. 63. Approval for the use of an audible tone or bell from the clock tower shall be reviewed and approved by the Planning Director. 64. Should the developer install carports or covered parking in the future, the final design shall be consistent with the project architecture and reviewed and approved by the Planning Director prior to issuance of any building permit. 65. The final site plans shall identify a minimum of five securable bicycle parking spaces and any fixed pedestrian seating, such as benches or tables. 66. All signs identified on the submitted plans shall be approved under a separate Pg. 17 of 24 Planning Commission Resolution 2009031 Conditions of Approval - Adopted Site Development Permit 2008-903 Shoppes at La Quinta October 28, 2008 sign program application. ARCHAEOLOGICAL MONITORING 67. The site shall be monitored during on- and off -site trenching and rough grading by qualified archaeological monitors, one of which shall be a Native American tribal member. The monitor shall be empowered to stop and redirect earth moving activities as necessary to identify and study any identified resource. A signed contract for archaeological monitoring shall be submitted to both Planning and Public Works Departments prior to issuance of any grading permits. The final report of monitoring activities shall be submitted to the Planning Department prior to the issuance of a Certificate of Occupancy for the first house on the project site. 68. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self -seal bags, vials, or film cans as appropriate, all within acid -free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics. SCREENING AND OUTDOOR LIGHTING 69. Parking areas shall be screened from view from perimeter streets through the means of a landscaped berm, a three foot high decorative masonry wall, landscaped hedges or bushes with significant foliage, or a combination of all three methods. All screening methods shall be reviewed and approved by the Planning Director. 70. All rooftop mechanical equipment shall be completely screened from view behind the parapet. Utility transformers or other ground mounted mechanical equipment shall be fully screened with a screening wall or landscaping and painted to match the adjacent buildings. 71. Exterior lighting shall be consistent with Section 9.100.150 (Outdoor Lighting) of the La Quinta Municipal Code. All freestanding lighting shall not exceed 20 feet in height, shall be fitted with a visor or bulb refractor if deemed necessary by staff, and be turned off or reduced to a level deemed appropriate by the Pg. 18 of 24 Planning Commission Resolution 2008031 Conditions of Approval - Adopted Site Development Permit 2008-903 Shoppes at La Ouinta October 28, 2008 Planning Director within one hour following store closing hours. CONSTRUCTION 72. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly - maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. WATER -EFFICIENT LANDSCAPING AND IRRIGATION 73. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 74. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 75. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a licensed landscape architect. 76. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the AASHTO "A Policy on Geometric Design of Highways and Streets, 5t' Edition" or latest, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. 77. Tree wells within the parking lot shall have a minimum planting area of six feet in diameter/width, as per LQMC Section 9.150.080. 78. The applicant shall submit the final landscape plans for approval by the Planning Department and green sheet sign off by the Public Works Department. When plan checking has been completed by the Planning Department, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Director. Where City Engineer approval is not required, the applicant shall submit for a green sheet approval by the Public Works Department. Final landscape plans for on -site planting shall be reviewed by the ALRC and approved by the Planning Director. Said review and approval shall occur prior to Pg. 19 of 24 Planning Commission Resolution 2008031 Conditions of Approval - Adopted Site Development Permit 200&903 Shoppes at La Quinta October 28, 2008 issuance of first building permit unless the Planning Director determines extenuating circumstances exist which justify an alternative processing schedule. Final plans shall include all landscaping associated with these units. NOTE: Plans are not approved for construction until signed by both the Planning Director and/or the City Engineer. 79. The developer shall remove all existing "turf and replace the perimeter landscaping along Washington Street with desert -appropriate water -efficient landscaping design consistent with the remainder of the project. Final design of the landscaping shall be reviewed and approved as a part of the final landscaping plan submittal. 80. Should any landscaping utilized for screening purposes be deemed insufficient by the Planning Director following an initial period of growth, the applicant shall replace or provide additional landscaping with significant foliage. 81. The applicant will work with staff on the design of the water features and return to the Planning Commission for approval of their final design as a business item. PUBLIC SERVICES 82. The applicant shall provide public transit improvements as required by SunLine Transit Agency and approved by the City Engineer. MAINTENANCE 83. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 84. The applicant shall make provisions for the continuous and perpetual maintenance of all private on -site improvements, perimeter landscaping, access drives, and sidewalks. 85. Ongoing maintenance of all permeable paver systems shall include sweeping the pavers at a minimum of once per month and as approved by the City Engineer. Pg. 20 of 24 Planning Commission Resolution 200&031 Conditions of Approval - Adopted Site Development Permit 2008-903 Shoppes at La Ouinta October 28, 2008 FEES AND DEPOSITS 86. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 87. Permits issued under this approval shall be subject to the provisions of the Infrastructure Fee Program and Development Impact Fee program in effect at the time of issuance of building permit(s). 88. The applicant shall pay the Coachella Valley Multi -Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accord with Chapter 3.34 of the Municipal Code. FIRE DEPARTMENT 89. Provide or show there exists a water system capable of delivering a fire flow 4000 gallons per minute for a two hours duration at 20 psi residual operating pressure, which must be available before any combustible material is placed on the construction site. 90. Approved accessible on -site super fire hydrant(s) (6x4 2 %2 x 2 Y2) Minimum number of 4 hydrants with 350 feet spacing between. The maximum distance from any point on street or road frontage to a hydrant shall be 210 feet. 2007 CFC Appendix C Table C105.1 Fire hydrants shall provide the required fire flow. The fire apparatus access road shall extend to within 150 feet of all exterior walls of the first floor story of the building as measured by an approved route around the exterior of the building or facility. 91. Prior to building plan approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. 92. Prior to issuance of building permits, the water system for fire protection must be provided as approved by the Fire Department and the local water authority. Pg. 21 of 24 Planning Commission Resolution 200&031 Conditions of Approval - Adopted Site Development Permit 2008-903 Shoppes at La Ouinta October 28, 2008 93. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. It should be 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 94. Fire Apparatus access road shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 15%. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 80 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities. 95. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The applicant or developer shall include in the building plans the required fire lanes and include the appropriate lane printing and/or signs. 96. An approved Fire Department access key lock box (Minimum Knox Box 3200 series model) shall be installed next to the approved Fire Department access door to the building. If the buildings are protected with an alarm system, the lock box shall be required to have tampered monitoring. Required order forms and installation standards may be obtain at the Fire Department. 97. Display street numbers in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12" in height for building(s) up to 25' in height. In complexes with alpha designations, letter size must match numbers. All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours. 98. Install a complete commercial fire sprinkler system (per NFPA 13 2002 Edition). Fire sprinkler system(s) with pipe sizes in excess of 4" in diameter will require the project Structural Engineer to certify with a "wet signature", that the structural system is designed to support the seismic and gravity loads to support the additional weight of the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The PIV and FCD shall be located to the front of building and a minimum of 25 feet from the building(s). Sprinkler Pg. 22 of 24 Planning Commission Resolution 2008031 Conditions of Approval - Adopted Site Development Permit 2008-903 Shoppes at La Quints October 28, 2008 riser room must have indicating exterior and/or interior door signs. A C-16 licensed contactor must submit plans, along with current $307.00 deposit based fee, to the Fire Department for review and approval prior to installation. Guideline handouts are available for the Fire Department. 99. Install an alarm monitoring system for fire sprinkler system(s) with 20 or more heads Valve monitoring, water -flow alarm and trouble signals shall be automatically transmitted to an approved central station, remote station or proprietary monitoring station in accordance with 2007 CBC. An approved audible sprinkler flow alarm shall be provided on the exterior in an approved location and also in the interior in a normally occupied location. A C-10 licensed contractor must submit plans designed in accordance with NFPA 72, 2002 Edition, along with the current $192.00 deposit based fee, to the Fire Department for review and approval prior to installation. Guideline handouts are available from the Fire Department. 100. Install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every 3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be mounted 3.5 to 5 ft above finished floor, measured to the top of the extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate their locations. Extinguishers must have current CSFM service tags affixed. 101. A UL 300 hood/duct fire extinguishing system must be installed over the cooking equipment. The extinguishing system must automatically shutdown gas and /or electricity to all cooking appliances upon activation. A C-16 licensed contractor must submit plans, along with the current permit fee, to the Fire Department for review and approval prior to installation. Alarm system supervision is only required if the building has an existing fire alarm system. 102. No hazardous materials shall be stored and/or used within the building, which exceeds quantities listed in UBC Table 3-D and 3-E. No class I, II or IIIA of combustible/flammable liquid shall be used in any amount in the building. 103. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2007 California Building Code. 104. Electrical room doors if applicable shall be posted "ELECTRICAL ROOM" on outside of door. Pg. 23 of 24 Planning Commission Resolution 2008031 Conditions of Approval - Adopted Site Development Permit 2008.903 Shoppes at La Ouinta October 28, 2008 105. Access shall be provided to all mechanical equipment located on the roof as required be the Mechanical Code. 106. Air handling systems supplying air in excess of 2000 cubic feet per minute to enclosed spaces within buildings shall be equipped with an automatic shutoff. Reference CIVIC 609.0. 107. Install Knox key operated switches, series KS-2P with dust cover, mounted per recommended standard of the Knox Company. Building plans shall include mounting location/position and operating standards for Fire Department approval. Special forms are available from this office for ordering the Key Switch. Pg. 24 of 24